That should be against the law.
Western North Carolina District Attorney Charles Hipps hears that refrain
a lot, probably more than most people. Comes with the territory.
After talking to him several weeks ago for a story I was working on
about Internet and electronic crime, I had a different thought: Perhaps
being ignorant enough to get duped and then turn to the justice system
for a legal or civil remedy ought to be against the law. It would save
a lot of the rest of us from the whining and the lawsuits.
Hipps and his associates rely on federal authorities when a case comes
before them that requires high-level computer expertise. The feds, mainly
the FBI and SBI, have trained computer forensic experts who can retrieve
information from computer hard drives that can convict criminals, whether
they be child pornographers or just basic rip-off artists using the
Internet as their marketplace.
The computer thiefs dont get as much attention as the high-profile
pornography cases, but computer fraud is the most prolific of electronic
crimes. People have found an anonymous marketplace where they can sell
goods, and that leads some to either sell at exorbitantly high prices
or to sell and then not deliver the goods.
Its stealing, though, no matter how one looks at it. Its
like the old snake oil salesman who would roll into town in his wagon,
sell potions and salves to cure all sorts of ills, and be miles away
before the villagers figured out theyd been hoodwinked.
Too often, however, people allow themselves to be taken advantage of.
People might find a deal on the Internet that sounds too good to be
true, and yet they fall like a rock and take the bait. Hipps basic
warning to constituents: if it sounds to good to be true, it probably
is.
Very often, there is no criminal remedy for those who have gotten ripped
off via the Internet. If one person sells one product for $1,000 on
e-bay that was worth only $100, there are few law enforcement agencies
who could take the time and trouble to initiate an investigation that
would lead to a conviction. People simply get duped and make bad choices,
Hipps said.
In other words — my words, not Hipps — too many people
are too dumb to figure out whats up, and so they want law enforcement
to get involved. Me, I want the DAs office, the SBI and local
police chasing bank robbers, child rapists, drunk drivers and figuring
out this antrhax mess, not helping out someone too ignorant to make
an Internet purchase without getting the bad end of the deal.
Thats not to say there isnt real fraud going on that needs
to be investigated. It is happening right now and on hundreds of websites.
But let the buyer beware. If that person selling the $100 item for $1,000
dollars is ripping off dozens or hundreds of people, then it becomes
a crime law enforcement will take on. An FBI agent in Charlotte told
me that those are the kinds of decisions his office must make —
is it a case of one or two people making a bad decision or a large-scale
scam.
I also believe that allowing huge civil awards to be given out when
large corporations or organizations are at fault is not such a bad thing.
Sure, too many Americans abuse our system and sue for outrageous sums
for minor infractions or outright crazy incidents. And they win. But
without that ability to pin the ears of multi-national and billion dollar
companies to the wall, many unscrupulous businesspeople will knowingly
sell us dangerous and even faulty goods.
But large civil awards and the current increases in Internet fraud are
not the same thing. The computer may be a great shopping tool and a
good place to find great deals, but dont get suckered. Because
if you do, its downright impossible to get your local police to
bust some guy whose ripping you off from the basement of his moms
house in some village in Saskatchewan while tossing back Mooseheads.
Perhaps thats all the more reason to spend your money down the
street instead of over the Internet.
(Scott McLeod can be reached at info@smokymountainnews.com
or at 452.4251.)